LoudCrowd Platform Terms of Service

01 Acceptance of Terms and Definitions

By accessing or using the Services, you confirm that you meet the eligibility rules in Section 5, that you or the parent or legal guardian accepting on your behalf can form a binding contract with LoudCrowd, and that you will comply with these Terms. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you and that entity.

In these Terms:

• "Brand" means a company or organization that uses the Services to run or administer a Program. A Brand may also be a "Client" under a separate agreement with LoudCrowd.
• "Participant" means an individual who applies to or takes part in a Program, including a creator, influencer, affiliate, ambassador, or customer advocate.
• "Program" means a Brand's creator, influencer, affiliate, ambassador, user-generated-content, loyalty, gifting, or similar program that uses the Services.
• "Program Terms" means the terms, rules, offer details, or other agreement between a Brand and a Participant for a Program.
• "Payment Provider" means a third-party service used to process, deliver, or administer a payment or reward.
• "Third-Party Account" means an account with Instagram, TikTok, or another third-party platform or service that you connect to the Services.
• "User Content" means text, images, video, audio, social posts, profile information, and other content that you create or control and intentionally submit, import, store, or share through the Services. It does not include account credentials, audience or engagement data, or other data made available through a Third-Party Account that you do not own or control.

02 Our Role

LoudCrowd provides technology and administrative services that Brands and Participants use to run Programs. Depending on the Program, the Services may operate Program accounts and storefronts, track Program activity, and administer payouts on a Brand's behalf.

The Brand offers the Program and sets its Program Terms. Unless LoudCrowd expressly agrees otherwise in a separate written agreement, LoudCrowd is not a party to the agreement between a Brand and a Participant. The Brand and Participant remain responsible for their respective obligations under the Program Terms, including eligibility, deliverables, content requirements, approvals, and compensation. LoudCrowd's administrative work does not transfer those underlying obligations to LoudCrowd.

We do not endorse or guarantee any Brand, Participant, User Content, Program, or Program result. Disputes about Program Terms, deliverables, or compensation are between the Brand and Participant. LoudCrowd may still help administer a Program, review platform records, or help the parties address an administrative issue.

03 Privacy Policy

Our Privacy Policy explains how LoudCrowd collects, uses, shares, and secures Personal Data. It applies to your use of the Services and is incorporated into these Terms. A Brand's privacy notice and a Payment Provider's privacy notice may also apply to information they handle.

04 Changes to Terms or Services

We may modify these Terms from time to time. If we do, we will post the revised Terms, update the "Last Updated" date, and provide any additional notice required by law. Unless the notice says otherwise, revised Terms apply when posted. Your continued use of the Services after revised Terms take effect means you accept them. If you do not agree, stop using the Services.

We may also change, suspend, or discontinue features of the Services. A Brand controls changes to its Program Terms, and a Payment Provider controls changes to its own terms.

05 Eligibility

You may use the Services only if you are at least 16 years old, meet any higher minimum age required by applicable law where you live, and are not barred from using the Services under applicable law. If you are under the age of majority where you live, your parent or legal guardian must read and accept these Terms on your behalf.

You must be at least 18 years old and the age of majority where you live to earn or receive commissions or other monetary compensation through a Program. Program Terms and Payment Provider terms may impose additional eligibility requirements.

06 User Accounts

You may need an account to use parts of the Services. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for protecting your login credentials and for activity under your account. Tell us immediately at support@loudcrowd.com if you suspect unauthorized access.

You may not sell, rent, transfer, or share your account or impersonate another person or entity. A Brand may authorize its employees, and any other users permitted under its separate agreement with LoudCrowd, to use a Brand account; the Brand remains responsible for their access and activity.

07 Connecting Third-Party Accounts

When you connect a Third-Party Account, you direct and authorize LoudCrowd to access, collect, import, use, and display the account information, content, audience or engagement information, and other data made available through that platform's API and the permissions you grant. We use that access to provide the Services, administer applicable Programs, and handle data as described in the Privacy Policy. You represent that you own or are authorized to connect each Third-Party Account.

You must comply with the terms, policies, and rules of each third-party platform. Those platforms are not controlled by LoudCrowd. They may change their terms, data, features, or APIs, restrict available data, or suspend or revoke LoudCrowd's access. As a result, a connected feature may change, become unavailable, or stop working.

You may disconnect a Third-Party Account through the available account or platform controls. Once the disconnection takes effect, we will stop collecting new data through that authorization. Disconnecting an account does not automatically delete information already collected or Program records derived from it. We handle that information under the Privacy Policy, applicable law, and, where LoudCrowd processes data for a Brand, that Brand's instructions.

08 User Content

As between you and LoudCrowd, you retain your rights in your User Content, subject to any rights you grant under applicable Program Terms. By making User Content available through the Services, you grant LoudCrowd a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to host, store, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and administering applicable Programs. We may sublicense these rights to the applicable Brand and to service providers as reasonably needed for those purposes. This license does not change ownership of your User Content.

You represent and warrant that:

• you own your User Content or have all rights, permissions, and authority needed to submit it and grant the license in this section;
• your User Content and our permitted use of it do not infringe, misappropriate, or violate any third party's copyright, trademark, privacy, publicity, contract, or other rights, including the rights of any person depicted or heard in the User Content;
• you have obtained all permissions and releases needed from each person depicted or heard and from every photographer, videographer, performer, or other contributor; and
• your User Content complies with applicable law and applicable Program Terms.

09 Prohibited Conduct

You agree not to:

• violate any law, regulation, Program Term, or third-party platform rule that applies to your use of the Services;
• infringe, misappropriate, or violate another person's rights;
• post unlawful, fraudulent, deceptive, defamatory, harassing, hateful, obscene, or otherwise harmful content;
• omit a disclosure required by advertising, endorsement, consumer-protection, or other applicable law or by Program Terms;
• manipulate or misrepresent identity, audience, engagement, clicks, orders, returns, attribution, commissions, rewards, or other Program activity;
• interfere with or disrupt the Services, bypass security or access controls, introduce malicious code, or attempt unauthorized access;
• scrape, reverse engineer, or use automated means to access the Services except as we expressly permit; or
• use the Services for any illegal or unauthorized purpose.

10 Intellectual Property Rights

The Services and all materials therein, including text, graphics, logos, and software, are the property of LoudCrowd or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Terms.

Except for that limited license, LoudCrowd and its licensors reserve all rights in the Services. This section does not change your rights in User Content under Section 8.

11 Fees, Compensation, and Payments

Fees that a Brand pays LoudCrowd for the Services are governed by the Brand's Master Services Agreement and Order Form, not these Terms.

A Participant's eligibility for commissions, flat fees, gifts, rewards, discounts, or other compensation is governed by the applicable Program Terms. Unless LoudCrowd expressly agrees otherwise in writing, the Brand is responsible for the underlying compensation it promises a Participant. LoudCrowd may administer Program payouts on the Brand's behalf, including using platform records to support that administration.

Payments and rewards may be processed or delivered by a Payment Provider. You must comply with the Payment Provider's recipient terms and provide the Payment Provider with accurate information it requests for identity, tax, eligibility, or payment processing. A Payment Provider may delay, reject, reverse, or withhold a transaction as permitted by its terms or applicable law. You are responsible for taxes associated with compensation you receive, except to the extent the law requires a Brand, LoudCrowd, or a Payment Provider to report or withhold them.

12 Termination

You may stop using the Services at any time. You may contact support@loudcrowd.com to request account closure.

We may suspend or terminate your access if you breach these Terms, create risk or possible legal exposure, engage in suspected fraud or abuse, or if suspension or termination is reasonably needed to protect the Services, a Brand, a Participant, LoudCrowd, or others. Where appropriate, we may give you notice and an opportunity to address the issue.

A Brand may separately suspend or end your participation in its Program under the Program Terms. The effect of termination on Program eligibility, pending activity, or compensation is governed by those Program Terms and applicable law. When access ends, your right to use the Services ends immediately. Section 20 explains which provisions survive.

13 Copyright Complaints and DMCA Procedure

LoudCrowd respects copyright. If you believe material available through the Services infringes your copyright, email a written notice to support@loudcrowd.com. Please use the subject line "DMCA Notice" to help us route it. Your notice should include all of the following:

1. your physical or electronic signature, or the signature of a person authorized to act for the owner of the allegedly infringed exclusive right;
2. identification of the copyrighted work claimed to have been infringed, or a representative list if one notice covers multiple works on the Services;
3. identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, including the relevant URL or account where possible;
4. your name, mailing address, telephone number, and email address;
5. a statement that you have a good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner of the allegedly infringed exclusive right.

After receiving a substantially compliant notice, we will act expeditiously to remove or disable access to the identified material and take reasonable steps to notify the user who provided it. We may share the notice with that user. If a notice identifies the copyrighted work, identifies and locates the material, and provides the sender's contact information but is otherwise deficient, we will promptly try to contact the sender or take other reasonable steps to help the sender provide a compliant notice.

If your material was removed or disabled because of a mistake or misidentification, you may send a written counter-notification to support@loudcrowd.com. Please use the subject line "DMCA Counter-Notification" to help us route it. Your counter-notification should include all of the following:

1. your physical or electronic signature;
2. identification of the material that was removed or disabled and the location where it appeared before removal or disabling;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of a mistake or misidentification;
4. your name, mailing address, and telephone number;
5. a statement consenting to the jurisdiction of the federal district court for the judicial district where your address is located, or, if your address is outside the United States, any judicial district where LoudCrowd may be found; and
6. a statement that you will accept service of process from the person who submitted the original notice or that person's agent.

We will promptly send a copy of a valid counter-notification to the person who submitted the original notice and tell that person we will restore the material or stop disabling access to it in 10 business days. Unless we first receive notice that the complaining party filed a court action seeking to restrain the user from the allegedly infringing activity, we will restore the material or stop disabling access no sooner than 10 and no later than 14 business days after receiving the counter-notification.

We have adopted and reasonably implement a policy that provides for terminating, in appropriate circumstances, users and account holders who are repeat infringers. We may also limit or terminate accounts for other copyright abuse. Knowingly making a material misrepresentation in a notice or counter-notification may create liability under 17 U.S.C. § 512(f).

14 Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, LoudCrowd disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.

We do not warrant that any Brand will accept a Participant, that a Program will continue, or that use of the Services will produce any particular audience, engagement, sales, compensation, or other result. Some jurisdictions do not allow certain warranty disclaimers, so some of these disclaimers may not apply to you.

15 Limitation of Liability

To the fullest extent permitted by law, LoudCrowd and its affiliates, officers, directors, employees, agents, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, data, use, goodwill, or other intangible losses; or damages resulting from:

1. your access to, use of, or inability to use the Services;
2. unauthorized access to or use of the Services, our servers, or information stored through the Services;
3. interruption or cessation of transmission to or from the Services;
4. bugs, viruses, malicious code, or similar items transmitted by a third party;
5. a Brand, Participant, Program, Payment Provider, third-party platform, or User Content; or
6. reliance on information displayed through the Services.

To the fullest extent permitted by law, the total aggregate liability of LoudCrowd and the other parties listed above for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) $100 or (b) the amount you paid directly to LoudCrowd for the Services under these Terms during the 12 months before the event giving rise to the claim.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose or we were advised that damages were possible. They do not exclude or limit liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by law.

16 Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless LoudCrowd and its affiliates, officers, directors, employees, agents, partners, licensors, successors, and permitted assigns from third-party claims, liabilities, damages, judgments, losses, and expenses, including reasonable legal and accounting fees, arising out of or connected with:

• your access to or use of the Services;
• your User Content, including a breach of a representation or warranty in Section 8;
• your violation of these Terms, Program Terms, applicable law, or a third party's rights; or
• fraud, manipulation, or other misconduct connected with your account or a Program.

We will give you reasonable notice of an indemnified claim. We may control its defense and settlement, and you agree to provide reasonable cooperation. We will not settle a claim in a way that imposes an admission of fault or a non-monetary obligation on you without your consent, which will not be unreasonably withheld.

17 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 18.

18 Dispute Resolution

Please read this section carefully. Unless you timely opt out, it requires LoudCrowd and you to arbitrate most disputes individually and limits how we may seek relief from each other.

Informal resolution first. Before starting arbitration, the person raising a dispute must email a written Notice of Dispute to support@loudcrowd.com. The notice must include the claimant's name, account email if applicable, a description of the dispute, and the relief requested. The parties will try in good faith to resolve the dispute for 30 days after receipt. Any filing deadline is tolled during that 30-day period to the extent permitted by law.

Binding individual arbitration. Unless you timely opt out, and except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, breach, termination, interpretation, or enforceability, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA rules applicable to the dispute. The arbitration will be conducted by one neutral arbitrator. The Federal Arbitration Act governs this arbitration agreement. The legal seat of arbitration is Austin, Texas, although a hearing may occur remotely, on written submissions, or in another location if the AAA rules, the arbitrator, or applicable law require it. The arbitrator may award the same individual remedies a court could award.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also ask a court for temporary or preliminary injunctive relief to protect intellectual property, confidential information, account security, or the integrity of the Services while arbitration is pending. Nothing in this section prevents you from reporting an issue to a government agency or seeking a remedy that applicable law does not permit the parties to arbitrate. This section does not replace any complaint, dispute-resolution, or enforceable data-subject process available under the Data Privacy Frameworks, an applicable Data Privacy Addendum, or incorporated Standard Contractual Clauses.

Class and representative-action waiver. LoudCrowd and you agree to bring claims only in an individual capacity. Neither party may bring, join, or participate in a class, collective, consolidated, coordinated, mass, representative, or private-attorney-general action or arbitration. An arbitrator may award relief only to the individual party seeking it and only to the extent needed to resolve that party's individual claim.

Jury-trial waiver. To the fullest extent permitted by law, LoudCrowd and you knowingly and voluntarily waive any right to a jury trial for a dispute covered by this section if it proceeds in court rather than arbitration.

30-day opt-out. You may opt out of the arbitration agreement and the class-action and jury-trial waivers in this section by emailing support@loudcrowd.com within 30 days after the later of (a) August 25, 2026 or (b) the date you first accept these Terms. Your email must include your full name, the email address associated with your account, if you have one, and a clear statement that you opt out of Section 18. Opting out will not affect any other part of these Terms or any arbitration agreement that you separately make with a Brand or Payment Provider. If you opt out, disputes between you and LoudCrowd that are not brought in small claims court must be brought exclusively in the state or federal courts located in Travis County, Texas.

Severability. If a final decision finds any part of the class, collective, consolidated, coordinated, mass, representative, or private-attorney-general waiver unenforceable as to a particular claim or requested remedy, only that claim or remedy will be severed and decided by a court; the remaining claims will be arbitrated. Otherwise, if part of this section is unenforceable, it will be severed and the rest will remain in effect.

19 Order of Precedence

Several agreements may apply at the same time because they govern different relationships and subjects:

• A Brand's Master Services Agreement and Order Form with LoudCrowd govern the Services LoudCrowd provides to that Brand. The Order Form controls over the Master Services Agreement if those two documents conflict.
• These Terms govern your access to and use of the LoudCrowd Services and your relationship with LoudCrowd, except to the extent a Brand's Master Services Agreement or Order Form governs the same subject between that Brand and LoudCrowd.
• Program Terms govern the relationship between a Brand and Participant, including Program eligibility, deliverables, content requirements, approvals, and compensation. Program Terms control for those Program-specific subjects, but they do not change LoudCrowd's obligations unless LoudCrowd expressly agrees in writing.
• Payment Provider recipient terms govern payment-account setup, identity or tax verification, redemption methods, and processing or delivery of payments and rewards. They control only for those payment-specific subjects.
• The Privacy Policy governs LoudCrowd's handling of Personal Data, including any conflict rule stated within that policy.
• Any applicable Data Privacy Addendum and incorporated Standard Contractual Clauses govern LoudCrowd's processing of Personal Data for a Brand. If the Standard Contractual Clauses conflict with these Terms or another related agreement, the Standard Contractual Clauses control.

When these documents address different subjects, they apply together. A more specific document controls only for the relationship and subject it addresses.

20 Survival

When these Terms or your access to the Services end, the license granted in Section 8 and Sections 14 through 21 survive. Any other provision that by its nature should survive will also remain in effect.

21 General Terms

• Entire Agreement. Subject to Section 19, these Terms and the documents expressly incorporated into them are the entire agreement between you and LoudCrowd about your use of the Services. They do not replace a separate written agreement between LoudCrowd and a Brand.
• Severability. If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will stay in effect.
• Waiver. A failure or delay in enforcing a provision is not a waiver. A waiver must be in writing and applies only to the specific instance for which it is given.
• Assignment. You may not assign or transfer these Terms without LoudCrowd's prior written consent. LoudCrowd may assign or transfer these Terms, in whole or in part, including in connection with a financing, merger, acquisition, reorganization, or sale of assets or business.
• Notices. We may send notices to the email address associated with your account, through the Services, or by posting them on our website where permitted by law. You must send notices to LoudCrowd using the applicable email address in Section 22. Notices are effective when sent, except where applicable law requires otherwise.
• No Third-Party Beneficiaries. Except for rights expressly granted to a Brand under Section 8 or otherwise under these Terms, these Terms do not give rights to anyone other than you and LoudCrowd. This does not limit rights arising under another agreement or applicable law, including enforceable rights under applicable Standard Contractual Clauses.
• Force Majeure. LoudCrowd is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, utility or telecommunications failure, internet disruption, or failure of a third-party platform or provider.
• Relationship of the Parties. You and LoudCrowd are independent contractors. These Terms do not create an employment, partnership, joint venture, fiduciary, or agency relationship between you and LoudCrowd. This does not limit LoudCrowd's ability to perform the administrative services described in Section 2 or to act under a limited authorization in a separate agreement with a Brand.

22 Contact Information

For questions about these Terms or the Services, account notices, arbitration notices, and copyright notices under Section 13, email support@loudcrowd.com.

For privacy questions or Data Privacy Addendum matters, email privacy@loudcrowd.com.